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Was it illegal in the 1880's/1890's

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  • Was it illegal in the 1880's/1890's

    for a man to marry the sister of his deceased wife?

    I thought it was until 1907???? -
    Deceased Wife's Sister's Marriage Act 1907 - Wikipedia, the free encyclopedia

    In which case, I have a couple who broke the law, by marrying, in 1887.

    What has surprised me is that the groom lived and worked in a small village, and took wife number 2 to live in the same residence he had shared with wife number 1. I could understand it would be easy to get away with it in a city or large town, but would have thought it was more difficult to hide an illegality in a small rural community.
    Janet in Yorkshire



    Genealogists never die - they just swap places in the family tree

  • #2
    It was technically illegal but not disapproved of by the general public, Janet.
    KiteRunner

    Every five years or so I look back on my life and I have a good... laugh"
    (Indigo Girls, "Watershed")

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    • #3
      I have a feeling that it was only illegal in the eyes of the church, not in civil law, and therefore such a marriage could quite legally take place in a registry office.

      But as Kate says, no-one in the community cared anyway.

      OC

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      • #4
        I have many instances of women marrying their sisters' widowers. The fact that something was illegal didn't mean it didn't happen.

        In many ways it was quite practical. An aunt is nearest in genes to the children's mother and would have known the children since birth. The widower knows the family already, it doesn't mean introducing anyone else into the family unit.
        ~ with love from Little Nell~
        Chowns, Dunt, Emms, Mealing, Purvey & Smoothy

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        • #5
          Thank you for your replies - I had wondered if it was just a "church thing".
          Not rushing to get the certs as the sisters are twigs, but will be interested to find out at some future point if marriage number 2 was church or RO.
          Janet in Yorkshire



          Genealogists never die - they just swap places in the family tree

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          • #6
            Parliament passed the law making such marriages illegal, so it was a civil offence rather than an ecclesiastical one (and of course when the church had more sway, they were happy to pass dispensations in such cases when it suited).
            ~ with love from Little Nell~
            Chowns, Dunt, Emms, Mealing, Purvey & Smoothy

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            • #7
              I have a man in my tree who married his dead wife's sister. They went to London to marry and then returned to the Island to live, not in the same village but quite close to his first wife's home.
              Wendy



              PLEASE SCAN AT 300-600 DPI FOR RESTORATION PURPOSES. THANK YOU!

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              • #8
                It was illegal.

                Not only was it against civil law but it was also against ecclesiastical law (since biblical times).

                Civil law changed in 1907
                Cheers
                Guy
                Guy passed away October 2022

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                • #9
                  Thanks, Guy.

                  Have now found out he married the first sister in the village church (Freereg) but no entry on there for second marriage.
                  Possibly it was at the local RO.
                  With them living in a village rather than a town, I'd wondered if there would have been trouble from the vicar?? Perhaps he didn't know they'd actually tied the knot? (No issue from the second marriage.)
                  Janet in Yorkshire



                  Genealogists never die - they just swap places in the family tree

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                  • #10
                    i have an ancestor who married two sisters. he appeared on 2 census with his wife, the last with her sisiter, and then on the next census, he 's married his sister in law and there is no death for a wife!!?

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